Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you... Read more »
You would need to consult with an attorney in Alabama or one who is licensed to practice in AL. I believe this question may have been mistakenly posted for GA.
He also made my mom the second trustee so if I die she gets everything. I even put my assets in the trust. It has its own tax Id and everything. The house my viper my 1976 classic bronco and all my money and etc are all in the trust it’s a revocable trust and I have left it open since my father... Read more »
I’m not clear on what the question is here. You may want to revise. It sounds like it would be beneficial to speak with a probate attorney. -Homer P. Jordan IV, Esq. 404-620-1558
I gave her a copy. There are no more beneficiaries. Do I have any exposure. I have a sister and a half sister. They were not listed in the will or the trust. Do I have legal requirements none petitioned his death at the time. And from what I was told were not required to have a copy of the trust.... Read more »
This question is way beyond the scope of a proper answer. The answer depends on the trust language, the will language and any amendments. If you are the sole trustee and are concerned with what happens when you die, a consultation with an estate planning lawyer is appropriate. Something has to... Read more »
I am the oldest of 4 adult kids, and single mom to a teen. I can no longer provide the financial and physical support for my aging mom ( turns 70 in Jan) as I have for the past 14 years. My other 3 siblings have no children, although the next oldest is married. Can I be sued for asking Mom to move... Read more »
You should talk to both a professional care manager and an elder law attorney about options for support caring for your mom. She might be eligible for Medicaid to pay for assisted living or skilled nursing, depending on the level of care needed. Good elder law attorneys either have professional... Read more »
Over 5 years ago my father told my oldest brother and sister that he wanted to leave the house to me since I had been taking care of him for over five years as his caregiver. They fully gave their blessing. Without my knowledge, another very untrustworthy brother that my father purposely left out... Read more »
I cannot tell from your question if your father is still alive or not. If your father is alive, all he needs to do is change his will again to reflect his true wishes. What someone tells you during life is unenforceable when that person dies unless it is in his will. If your father is dead, and if... Read more »
Our child has a UTMA with investments and cash in it. We have never taken money out of it. We didn't realize that we could use it for education, child betterment and school activities. We paid all of these expenses out of pocket for many years and are now in debt because of it.
Under the Georgia UTMA custodian may expend the minor's funds for the support, maintenance, education, and general use and benefit of the minor. However, it would be inappropriate to expend the fund to bail the minor's parents out of debt. The safest course of action would be to use... Read more »
My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »
Offering a will for probate and administering the estate when you are not local can be very difficult. We would be happy to assist you with the issues you discussed in your question. There are many good law firms around the Atlanta area, but you want to locate one that specializes in probate... Read more »
I would first like to extend my condolences for your loss. You stated that it was a letter. In Georgia, one of the basic requirements for it to be a valid will is that it must be signed by two (2) witnesses who are not listed. If it is not then it is not "valid".
The answer to this question is it depends. If everyone is alive then you do not necessarily need an attorney and you may be able to simply convey the property with a quitclaim deed. If there is a mortgage on the property, you may want to check the security deed to see if there are penalties... Read more »
The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »
If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.
This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.
As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... Read more »
I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... Read more »
Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. This is so that the children can still be financially provided for while they are minors. If... Read more »
I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... Read more »
Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. If that is the case, there is not a way to now alter the beneficiary designation, unless the... Read more »
We have been paying the tax's for about three years as well.
The holder of a life estate cannot “leave” it to another person. When the life tenant dies the life estate ends.
Yes
Contributed to financially and took care of parent for years; sidelining her own life to do so. Can one child have that favor?
Yes.
How long is a piece of string? Not trying to be smart, but if the trustee agrees, it could take about 10 minutes. If the trustee fights removable, it might drag on for many, many years because of court calendars, etc.
My dad died without a will in GA ( gwinnett county). The only assets he has are a house jointly owned with my mom with rights of survivorship and a business checking account which is solely in his name. No POD or beneficiary on the business checking. My question is would I file a “no petition... Read more »
You must file a Petition to Appoint Administrator to secure the funds in the business account for your mother.
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